| Author | Message | ||
  greg |
I spoke with Autry Entertainment regarding this, and I should be fine. I am not using his image only partial comic book art from 1940's-1950's. The Dell company that produced these has been out of business for over 30 years. I will make them generic enough to not infringe on the original art on the comic covers. When this piece is finished, I will post it all for you to view. The Autry museum also expressed interest in such a piece for a 100 year celebration coming in 2008......hope it turns out... | ||
marie |
I have no legal experience and no experience with incorporated copyrighted work into my art. Your question, however, piqued my interest enough to look around for a little more information on what is considered 'fair use' for copyrights. I found an interesting publication from the copyright office at http://www.copyright.gov/fls/fl102.pdf. Here's the important part in a nutshell: Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Items 3 and 4, I think, would be particularly relevant to your question. | ||
greg |
How does this work exactly. Have any of you ever done a painting where another art piece was in the background of the work you were creating? or someone was holding a coke bottle let's say? any problem using the COKE logo in your painting if you sell it or make prints of the finished painting? just curious I am creating a still life with a fancy holster, and ivory handled .45, with a guitar sitting on a pile of old Gene Autry and Roy Rogers comics. Since the art on the comics is original art, and the artists may still be alive, I was thinking this may create a problem. I was planning on blurring the images slightly and changing them around some on the comic covers. But their names would appear on the comic covers as part of my vision for this piece. ideas? comments? |
